
(Image source from: PTI)
Almost 17 years after a strong explosion devastated Malegaon in Maharashtra, resulting in six deaths and over a hundred injuries, a special court in Mumbai cleared all seven defendants in the case today. This group included former BJP MP Pragya Thakur and former army officer Lt Col Prasad Shrikant Purohit. The explosion happened on the evening of September 29, 2008, near Bhikku Chowk in a town marked by communal tension, situated approximately 200 kilometers from Mumbai during the holy month of Ramzan. Special Judge AK Lahoti, who oversaw the case assigned to the NIA, stated today that the prosecution could not substantiate its claims and that all seven defendants should be given the benefit of the doubt. Judge Lahoti remarked that the prosecution could not demonstrate that the motorcycle involved in the explosion was owned by Pragya Thakur, noting that the engine number was indistinct and the chassis number had been erased. The court concluded that terrorism is not tied to any religion, but it cannot convict based solely on assumptions.
The individuals accused in this case are Sadhvi Pragya Singh Thakur, Lt Col Prasad Shrikant Purohit, Major (Retd) Ramesh Upadhyay, Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni. They faced charges under the Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC), which included charges of conspiracy, murder, attempted murder, instigating hostility, and causing harm purposely. All seven of the accused were on bail. Initially, the investigation was conducted by the Maharashtra Anti-Terrorism Squad (ATS), which was led at that time by Hemant Karkare, who was later killed during the 26/11 Mumbai terrorist attacks. The ATS made its first arrests in October 2008. The motorcycle that was said to be used in the explosion was linked to Pragya Thakur, with authorities claiming she had given it to the plotters. They accused her of being involved with a group that included former military members and associates of a lesser-known radical organization called Abhinav Bharat. In delivering its verdict today, the court acknowledged that while the prosecution proved that the explosion occurred, the National Investigation Agency (NIA) did not successfully show that the bomb was installed on the motorcycle.
The court indicated that while there are claims that RDX was used to create the explosion, it has not been shown that RDX was kept at Lt Col Purohit's home, nor is there any proof that he constructed the bomb. It mentioned that there is also no proof that the motorcycle linked to the incident belonged to Pragya Thakur. The court pointed out inconsistencies in medical documents and records about the care and handling of certain suspects, mentioning instances of "manipulation." The court stated that "suspicion alone is not enough for conviction," and the accused should receive the benefit of doubt. All seven individuals charged were in court today. BJP leader Pragya Thakur responded to the ruling by saying that this case has destroyed her life and that "God will punish" those who are guilty. "I have always said that there should be a reason for calling someone for questioning. I was called for questioning, arrested, and mistreated. This has ruined my whole life. I was leading a peaceful life, but I have been accused, and no one stood by us willingly. I am still alive because I am a Sanyasi," she stated.
Pragya Thakur's lawyer argued that the motorcycle had been sold years before the explosion and that her arrest was based on "made-up evidence." The defense for Lt Col Purohit claimed he was an intelligence officer who had infiltrated Abhinav Bharat and was regularly updating his superiors. His legal team pointed out contradictions in witness testimonies and claimed there were procedural errors. Other co-defendants, such as Upadhyay and Kulkarni, accused the ATS of torture while in custody and said their statements were coerced. In April 2011, the central government, led by the UPA, passed the investigation to the NIA. In 2016, the NIA removed the charges under the Maharashtra Control of Organised Crime Act (MCOCA) due to lack of evidence, but the UAPA and IPC charges remained against the seven others. The NIA's additional charge sheet aimed to release Pragya Thakur, but the special NIA court refused, noting that there was enough evidence to continue with a trial against her. The formal trial began in 2018.
During the trial, the prosecution called 323 witnesses, while the defense presented eight witnesses. Nearly 40 of the prosecution's witnesses turned against them. The case included more than 10,800 documents. Written arguments from both parties filled three large volumes, totaling more than 1,300 pages. The case was overseen by five judges throughout its seven-year duration. Judge Lahoti took over in 2023 and announced that he would hold the final decision on April 19 after several months of concluding arguments.